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LIABILITY <br />10. a. Reclamation shall perform its obligations under this <br />Agreement in the capacity of a federal agency. It is neither a <br />co- venturer, agent, employee, nor representative of the <br />Cooperating Partners. The Cooperating Partners assume no <br />liability for claims or actions arising solely out of the <br />performance of such work by Reclamation's employees or agents. <br />b. Liability of the United States resulting from the <br />negligence of its employees shall be governed by the Federal Tort <br />Claims Act (28 U.S.C. 2571, et se q.). The Cooperating Partners <br />recognize that the Federal Tort Claims Act operates to provide <br />liability coverage for the United States Government and its <br />employees in lieu of ordinary insurance coverage. <br />COMMENCEMENT AND COMPLETION OF SERVICES <br />11. a. Members of the Steering Committee shall provide input <br />and review major features of the Program Plan, including plan <br />concept, activities, costs, schedules, and any other items or <br />proposed decisions that will have a direct impact on the proposed <br />program. Reclamation shall expeditiously proceed with the work <br />described in Attachment B. The final decision on all aspects of <br />development of the Program Plan shall rest with Reclamation. <br />Reclamation, as Project Manager, shall pursue the work <br />diligently, completing the work in accordance with the schedule <br />found in Attachment B. <br />b. During the progress of developing the Program Plan, all <br />operations of Reclamation pertaining to the development of this <br />plan shall be open to inspection by the authorized <br />representatives of the Cooperating Partners or their designees. <br />CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS <br />12. a. The expenditure or advance of any money or the <br />performance of any obligation by the United States under this <br />Agreement shall be contingent upon appropriation or allotment of <br />at least $90,000 of funds by Congress. Absence of appropriation <br />or allotment of said funds shall relieve the Cooperating Partners <br />from any obligation under this Agreement. No liability shall <br />accrue to the United States in case funds are not appropriated. <br />b. If at least $90,000 are not appropriated or allotted for <br />the purposes of this Agreement, Reclamation shall return all <br />funds advanced by the Cooperating Partners in a timely manner. <br />6 <br />